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After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020)

After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her employment application, she lacked the bachelor’s degree that was required of all technical writers under the employer’s government contract. The district court granted summary judgment in favor of TRAX in light of the after-acquired evidence that Anthony lacked the required bachelor’s degree, reasoning that she was not a “qualified individual” within the meaning of the Americans with Disabilities Act. The Ninth Circuit affirmed, rejecting the EEOC’s argument that the court should disregard the agency’s own regulation and interpretive guidance, which calls for a determination of whether the plaintiff “satisfies the prerequisites of the job,” including possessing the requisite skill, experience, education and other job-related requirements of the position. The Ninth Circuit also held that TRAX was not required to engage in the interactive process because Anthony was not “otherwise qualified” for the position.

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
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Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

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